[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Notices]
[Pages 54098-54099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18628]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29254]


Minimum Age for Operating a Commercial Motor Vehicle (CMV) in 
Interstate Commerce: Jcrane, Inc. (Jcrane), Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The FMCSA announces that it has received from Jcrane, Inc. 
(Jcrane) an application for an exemption from provisions of the Federal 
Motor Carrier Safety Regulations that require an individual who 
operates a commercial motor vehicle (CMV) of 10,001 or more pounds 
Gross Vehicle Weight Rating (GVWR) in interstate commerce to be a 
minimum of 21 years of age. The exemption would allow Jcrane's 
employees who are not yet 21 years of age to legally operate a CMV in 
interstate commerce. Jcrane states that the granting of the exemption 
would allow the company to better train crane operators and therefore 
increase overall safety. The FMCSA requests public comment on Jcrane's 
application for exemption.

DATES: Comments must be received on or October 22, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2007-29254 using any of the following methods:
    If filing comments by September 27, 2007, please use:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the Department of Transportation Docket 
Management System electronic docket site. No electronic submissions 
will be accepted between September 28, 2007, and October 1, 2007.
    If filing comments on or after October 1, 2007, use:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov until September 27, 2007, 
or the street address listed above. The DOT docket may be offline at 
times between September 28 through September 30 to migrate to the 
Federal Docket Management System (FDMS). On October 1, 2007, the 
internet access to the docket will be at http://www.regulations.gov. 
Follow the online instructions for accessing the dockets.
    Privacy Act: Note that all comments received will be posted without 
change to http://www.dms.dot.gov or http://www.regulations.gov, 
including any personal information provided. Anyone may search the 
electronic form of all comments received into any of DOT's dockets by 
the name of the individual submitting the comment (or of the person 
signing the comment, if submitted on behalf of an association, 
business, labor union, or other entity). You may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477, Apr. 11, 2000).

FOR FURTHER INFORMATION CONTACT: 
    Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations 
Division, Office of Bus and Truck Standards and Operations: Telephone: 
202-366-4009. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR

[[Page 54099]]

381.315(a)). The Agency must provide the public an opportunity to 
inspect the information relevant to the application, including the 
conducting of any safety analyses. The Agency must also provide an 
opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is granted. The 
notice must also specify the effective period of the exemption (up to 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Application for Exemption

    Jcrane is a crane rental service located in southwest Ohio. It 
currently has nine full-time employees with commercial driver's 
licenses (CDLs), and operates three tractor-trailers and five mobile 
cranes. The tractor-trailers are support vehicles for the cranes and 
are driven by apprentices or individuals who are in the process of 
learning to operate cranes. These apprentice drivers are normally in 
the 18-23 year age range. According to Jcrane, this is the ideal age 
range to begin operator training. As a crane-support truck driver, 
these individuals haul counterbalance weights for the crane on a 
flatbed trailer. The drivers will follow a crane from the home base to 
a different jobsite every day, set the crane up, wait for the crane to 
make the lift, tear the crane down, and follow it back to the shop. 
These drivers never travel alone, are home every night, and do not haul 
goods owned by other people. Jcrane's operating area is generally 
within a 200-mile radius of their home base in Covington, Ohio. Due to 
their location, they never service the northeast corner of Ohio, but do 
a lot of work in eastern Indiana. Under Ohio law, their 18-20 year old 
apprentices may legally drive a truck from Covington, Ohio to 
Cleveland, Ohio--which is 5 hours northeast of their home terminal; 
however, they may not drive to Richmond, Indiana, which is 
approximately 1-hour west, due to FMCSA's prohibition against drivers 
under the age of 21 operating in interstate commerce in 49 CFR 
391.11(b)(1).
    Jcrane requests an exemption for their employees under the age of 
21 to be able to legally operate their equipment and tractor-trailers 
across state borders, however not outside of a 200-mile radius from 
their home terminal in Covington, Ohio. Jcrane states that, because 
they are located more than 200 miles from the eastern Ohio border, this 
exemption would not change the maximum distance that these drivers can 
travel and therefore would have no effect on safety. This exemption 
would, however, according to Jcrane, allow it to better train crane 
operators and therefore increase overall safety.
    Jcrane requests that the exemption from Sec.  391.11(b)(1) be in 
effect for a period of two years from the date of issue. A copy of 
Jcrane Inc.'s exemption application is in the docket identified for 
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Jcrane Inc.'s application an exemption from 
49 CFR 391.11(b)(1). The Agency will consider all comments received by 
close of business on October 22, 2007. Comments will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. The Agency will file comments received after 
the comment closing date in the public docket, and will consider them 
to the extent practicable.

Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E7-18628 Filed 9-20-07; 8:45 am]
BILLING CODE 4910-EX-P